P. v. Frison

Filed 1/31/07  P. v. Frison CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of San Bernardino County.  Keith D. Davis, Judge.  Affirmed.

            William R. Salisbury, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Peter Quon, Jr., Supervising Deputy Attorney General, and Pat Zaharopoulos, Deputy Attorney General, for Plaintiff and Respondent.

I.  INTRODUCTION

            Following a jury trial, defendant Donald Leon Frison was convicted of four counts of residential, home invasion robberies (Penal Code^[1] section  211) and one count of carjacking (section  215, subdivision (a)).  It was further found true that the robberies were in concert with two or more other people (section 213, subdivision (a)(1)(A)), for the benefit of a street gang (section 186.22, subdivision (b)(1)) with the personal use of a firearm (section 12022.53, subdivision (b)).  Defendant was sentenced to state prison for a term of 80 years to life.  He appeals.

II.  PROCEDURAL BACKGROUND AND FACTS

            At approximately 1:30 p.m. on July 12, 2004, 19-year-old Oddessa Medina was doing laundry at her residence in Fontana, California.  She was babysitting her boyfriend's little sister, Jacqueline Saucedo, who was three and one-half years old.  Her boyfriend's brother, Antonio Quintero, and Medina's little brother, Jonathan, both of whom were 14 years old, were in the living room playing a video game when they heard a knock at the door.  Antonio answered it.  Antonio testified that three Black men were standing at the door, and the â€